2006 Code of Virginia § 10.1-1402.1:1 - Annual fees for nonhazardous solid waste management facilities

10.1-1402.1:1. Annual fees for nonhazardous solid waste managementfacilities.

A. In addition to the permit fees assessed and collected pursuant to 10.1-1402.1, the Board shall collect an annual fee from any person operatinga sanitary landfill or other facility permitted under this chapter for thedisposal, storage, or treatment of nonhazardous solid waste. The fees shallbe exempt from statewide indirect cost charged and assessed by the Departmentof Accounts. Annual fees shall reflect the time and complexity of inspectingand monitoring the different categories of facilities. Any annual fee that isbased on volume shall be calculated using the tonnage reported by eachfacility pursuant to 10.1-1413.1 for the preceding year. The annual feeshall be assessed as follows:

1.Noncaptiveindustriallandfills$8,000
2.Constructionanddemolitiondebrislandfills$4,000
3.Sanitarylandfillsshallbeassessedafeebasedontheirannualtonnageas
follows:
AnnualTonnageBaseFeeFeeperton
overbasefee
Upto10,000$1,000
10,001to100,000$1,000$.09
100,001to250,000$10,000$.09
250,001to500,000$23,500$.075
500,001to1,000,000$42,250$.06
1,000,001to1,500,000$72,250$.05
Over1,500,000$97,250$.04
4.Incineratorsandenergyrecoveryfacilitiesshallbeassessedafeebased
upontheirannualtonnageasfollows:
AnnualTonnageFee
10,000orless$2,000
10,001to50,000$3,000
50,001to100,000$4,000
100,001ormore$5,000
5.Othertypesoffacilitiesshallbeassessedanannualfeeasfollows:
Composting$500
Regulatedmedicalwaste$1,000
Materialsrecovery$2,000
Transferstation$2,000
Facilitiesinpost-
closurecare$500

B. The Board shall by regulation prescribe the manner and schedule forremitting fees imposed by this section and may allow for the quarterlypayment of any such fees. The payment of any annual fee amounts owed shall bedeferred until January 1, 2005, if the person subject to those fees submits awritten request to the Department prior to October 1, 2004. The selection ofthis deferred payment option shall not reduce the amount owed.

C. The regulation shall include provisions allowing the Director to waive orreduce fees assessed during a state of emergency or for waste resulting fromemergency response actions.

D. The Board may promulgate regulations establishing a schedule of reducedpermit fees for facilities that have established a record of compliance withthe terms and requirements of their permits and shall establish criteria, byregulation, to provide for reductions in the annual fee amount assessed forfacilities based upon acceptance into the Department's programs to recognizeexcellent environmental performance.

E. The operator of a facility owned by a private entity and subject to anyfee imposed pursuant to this section shall collect such fee as a surcharge onany fee schedule established pursuant to law, ordinance, resolution orcontract for solid waste processing or disposal operations at the facility.

(2004, cc. 249, 324.)